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Commentary on Exodus 21 verses 22–36
Observe here,
I. The particular care which the law took of women with child, that no hurt should be done them which might occasion their mis-carrying. The law of nature obliges us to be very tender in that case, lest the tree and fruit be destroyed together, Exo 21:22, Exo 21:23. Women with child, who are thus taken under the special protection of the law of God, if they live in his fear, may still believe themselves under the special protection of the providence of God, and hope that they shall be saved in child-bearing. On this occasion comes in that general law of retaliation which our Saviour refers to, Mat 5:38, An eye for an eye. Now, 1. The execution of this law is not hereby put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion, and make men like the fishes of the sea. The tradition of the elders seems to have put this corrupt gloss upon it, in opposition to which our Saviour commands us to forgive injuries, and not to meditate revenge, Mat 5:39. 2. God often executes it in the course of his providence, making the punishment, in many cases, to answer to the sin, as Jdg 1:7; Isa 33:1; Hab 2:13; Mat 26:52. 3. Magistrates ought to have an eye to this rule in punishing offenders, and doing right to those that are injured. Consideration must be had of the nature, quality, and degree of the wrong done, that reparation may be made to the party injured, and others deterred from doing the like; either an eye shall go for an eye, or the forfeited eye shall be redeemed by a sum of money. Note, He that does wrong must expect one way or other to receive according to the wrong he has done, Col 3:25. God sometimes brings men's violent dealings upon their own heads (Psa 7:16); and magistrates are in this the ministers of the justice, that they are avengers (Rom 13:4), and they shall not bear the sword in vain.
II. The care God took of servants. If their masters maimed them, though it was only striking out a tooth, that should be their discharge, Exo 21:26, Exo 21:27. This was intended, 1. To prevent their being abused; masters would be careful not to offer them any violence, lest they should lose their service. 2. To comfort them if they were abused; the loss of a limb should be the gaining of their liberty, which would do something towards balancing both the pain and disgrace they underwent. Nay,
III. Does God take care for oxen? Yes, it appears by the following laws in this chapter that he does, for our sakes, Co1 9:9, Co1 9:10. The Israelites are here directed what to do,
1.In case of hurt done by oxen, or any other brute-creature; for the law, doubtless, was designed to extend to all parallel cases. (1.) As an instance of God's care of the life of man (though forfeited a thousand times into the hands of divine justice), and in token of his detestation of the sin of murder. If an ox killed any man, woman, or child, the ox was to be stoned (Exo 21:28); and, because the greatest honour of the inferior creatures is to be serviceable to man, the criminal is denied that honour: his flesh shall not be eaten. Thus God would keep up in the minds of his people a rooted abhorrence of the sin of murder and every thing that was barbarous. (2.) To make men careful that none of their cattle might do hurt, but that, by all means possible, mischief might be prevented. If the owner of the beast knew that he was mischievous, he must answer for the hurt done, and, according as the circumstances of the case proved him to be more or less accessory, he must either be put to death or ransom his life with a sum of money, Exo 21:29-32. Some of our ancient books make this felony, by the common law of England, and give this reason, "The owner, by suffering his beast to go at liberty when he knew it to be mischievous, shows that he was very willing that hurt should be done." Note, It is not enough for us not to do mischief ourselves, but we must take care that no mischief be done by those whom it is in our power to restrain, whether man or beast.
2.In case of hurt done to oxen, or other cattle. (1.) If they fall into a pit, and perish there, he that opened the pit must make good the loss, Exo 21:33, Exo 21:34. Note, We must take heed not only of doing that which will be hurtful, but of doing that which may be so. It is not enough not to design and devise mischief, but we must contrive to prevent mischief, else we become accessory to our neighbours' damage. Mischief done in malice is the great transgression; but mischief done through negligence, and for want of due care and consideration, is not without fault, but ought to be reflected upon with great regret, according as the degree of the mischief is: especially we must be careful that we do nothing to make ourselves accessory to the sins of others, by laying an occasion of offence in our brother's way, Rom 14:13. (2.) If cattle fight, and one kill another, the owners shall equally share in the loss, Exo 21:35. Only if the beast that had done the harm was known to the owner to have been mischievous he shall answer for the damage, because he ought either to have killed him or kept him up, Exo 21:36. The determinations of these cases carry with them the evidence of their own equity, and give such rules of justice as were then, and are still, in use, for the decision of similar controversies that arise between man and man. But I conjecture that these cases might be specified, rather than others (though some of them seem minute), because they were then cases in fact actually depending before Moses; for in the wilderness where they lay closely encamped, and had their flocks and herds among them, such mischiefs as these last mentioned were likely enough to occur. That which we are taught by these laws is that we should be very careful to do no wrong, either directly or indirectly; and that, if we have done wrong, we must be very willing to make satisfaction, and desirous that nobody may lose by us.
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SUMMARY
Exodus 21:23, a pivotal statute within the "Book of the Covenant," articulates the severe consequences for an assault that results in grave injury or death. This verse establishes the profound legal principle of "life for life," or lex talionis, underscoring God's unwavering commitment to proportional justice and the sanctity of human life. It serves as a foundational declaration of accountability within the divine legal framework provided to ancient Israel, particularly emphasizing the immense value of life in cases where actions lead to fatal outcomes.
CONTEXT
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
Exodus 21:23 employs several literary techniques to convey its authoritative and impactful message. The concise and direct phrasing of "life for life" is a powerful example of Conciseness and Emphasis, making the legal principle clear, memorable, and non-negotiable. This statement functions as a Legal Precedent, establishing a foundational standard for capital offenses within Israelite jurisprudence. The repetition of "life" (Repetition or Anaphora, if considered across the phrase's structure) in the phrase "life for life" serves as a rhetorical device to underscore the ultimate and irreplaceable value of human life, highlighting the gravity of its loss. Furthermore, the conditional structure ("And if... then...") is a hallmark of Casuistic Law, characteristic of the "Book of the Covenant," which presents specific cases and their corresponding judgments, providing a clear and practical legal framework for the community. The directness of the language also contributes to its Authoritative Tone, reflecting the divine origin of the law.
THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 21:23 stands as a profound declaration of the sanctity of human life and God's unwavering commitment to justice. The principle of "life for life" (lex talionis) is not a call for vengeful acts, but a divinely ordained restraint, ensuring that punishment is proportional to the crime and that the supreme value of a life lost is acknowledged. This law reflects God's character as a righteous judge who demands accountability for actions, especially those that result in the death of another. It underscores that human life, from its earliest stages, is precious and belongs to God, demanding the highest level of protection and respect within the community. This principle laid the groundwork for a just society, where the value of each individual was upheld by divine decree.
REFLECTION AND APPLICATION
Exodus 21:23, while rooted in ancient Israelite law, offers timeless principles for reflection and application in our contemporary world. It powerfully affirms the inherent worth and dignity of every human life, from conception onward. This divine perspective challenges us to consider how our societies value and protect the most vulnerable, including the unborn, the infirm, the elderly, and the marginalized. The verse also calls us to uphold principles of justice and accountability, recognizing that actions have consequences and that a just society must have systems in place to address wrongdoing fairly and proportionally. It reminds us that God is a God of justice, and as His image-bearers, we are called to pursue justice, advocate for the oppressed, and foster communities where the sanctity of life is honored and protected. Our pursuit of justice should always be tempered with mercy, reflecting the full character of God.
Questions for Reflection
FAQ
Does "life for life" mean literal capital punishment for every accidental death?
Answer: While "life for life" (lex talionis) certainly implies the potential for capital punishment in cases of intentional or severely negligent killing, its primary purpose was to establish proportional justice and prevent excessive retaliation. In Israelite law, capital offenses were clearly defined, and the context of Exodus 21:22-23 deals with a severe, potentially fatal, outcome of an assault. For truly accidental killings, the law provided for cities of refuge, where an unintentional killer could find asylum from the avenger of blood (Numbers 35:9-34). This nuance indicates that the law distinguished between premeditated murder, negligent killing, and truly accidental death, applying different consequences while always upholding the value of life.
How does this law relate to the modern debate about abortion?
Answer: While Exodus 21:22-23 does not directly address elective abortion, its context is highly relevant to the discussion of the value of unborn life. The passage places a significant penalty on causing harm to a pregnant woman that results in the loss of her child. If the child is born prematurely but lives, a fine is imposed. However, if "mischief follow"—meaning the death of the woman or the child—the penalty is "life for life." This indicates that the law considered the unborn child a "life" whose loss, under certain circumstances, warranted the most severe penalty, equivalent to the loss of an adult life. This underscores the profound value God places on human life from its earliest stages in the womb, suggesting a divine recognition of the unborn as persons deserving of legal protection.
CHRIST-CENTERED FULFILLMENT
The principle of "life for life" in Exodus 21:23, while a foundational tenet of justice in the Old Testament, finds its ultimate fulfillment and profound transformation in Jesus Christ. The law, with its unyielding demands for proportional retribution, reveals the gravity of sin and its ultimate consequence: spiritual and physical death (Romans 6:23). Humanity, having violated God's perfect standard, stood condemned, with divine justice demanding "life for life"—our lives for our transgressions. However, Jesus did not come to abolish the law but to perfectly fulfill it (Matthew 5:17). In an act of unparalleled love and mercy, Christ, the sinless Lamb of God, offered His own perfect life as a substitute for ours. He bore the full weight of divine justice on the cross, satisfying the "life for life" requirement on behalf of all who believe (2 Corinthians 5:21). Through His atoning sacrifice, the demand for our life was met by His, offering us not condemnation, but forgiveness, reconciliation, and eternal life (John 3:16). Thus, the ultimate "life for life" exchange occurred not in human courts, but on Calvary, demonstrating God's perfect justice and His boundless grace, culminating in the triumph of life over death through His resurrection.